Hi, I a US citizen and am here in Spain on a Student Visa and will be here legally until the middle of June. I have rented an apartment, have my student card, etc and am student teaching at a school. Here is my question: my boyfriend wants to come and live with me for the length of my stay. With a US passport he can stay up to 90 days in a 180 day span legally. What I’m wondering is if he just stays, doesn’t return after 90 days, and leaves with me in June, is he going to have trouble trying to leave the country?

And when he comes in the first time, does he have to have proof of a return ticket within the 90 day period?

I have checked all the official information and I know it isn’t allowed, but I’m just wondering how strict it actually is. Does anyone have any experience with this? Overstaying the 90 days and leaving with any trouble?

Thanks!

darrand,
there is a new alien law that is going to be approved soon.
it is supposed to be less tolerant than the one it replaces.
how is he going to support himself during his intended stay?
the return ticket may be checked at the airport.
you might be charged with harboring an illegal alien.
i read somewhere that usa citizens can apply easily for a german residence card.
this card may allow him unrestricted movement within the eu.

thanks for your reply. he isn’t intending to work - he can prove that he has enough money to not work. of course he may teach English privately here and there, but nothing much. really, i could be charged with harboring an alien?? that is intense.

do you have experience with this or just hearsay?

thanks!

darrand,
there have been already some people charged with that violation according to the news.
overstaying aliens will be subject to the new law next year.
there are countries in the eu that give multiple entry schengen visas for one year. some of them are france and the netherlands.
in any case if he has enough money, then he can try applying for residence or student permit at the spanish consulate.

Hi—

I just got back in July from working as an au pair in Spain, and I had no problems leaving after overstaying. I got there in a year ago in September, and since I was going to come back to the US for Christmas, I was worried they wouldn’t let me back in after that. I booked my return ticket for day 88 so that I would have two days left legally and, just to be safe, I booked a cheap flight to London for day 90, in case I was asked to prove I was leaving the Schengen zone. All of that turned out to be unnecessary (although maybe still a good precaution to take—your boyfriend could buy a cheap flight to England for within the 90 days in case he’s asked to show something). When I went back after Christmas, I flew into Paris, and they didn’t pay any attention to the fact that I had only two days left legally. After that I didn’t leave the EU until late July, and, again, they didn’t pay any attention.

The one thing I would recommend is not flying Ryanair if he’s going to travel around the EU while he’s overstaying. Ryanair has you check in online and then go through some “document check desk” where supposedly they make sure that you have the proper documentation to enter your destination country. I don’t know if they even catch people often this way, but it seems like one of the only times you’re likely to run into trouble, since Ryanair has a reputation for causing as many problems as possible. I had booked a Ryanair flight from Rome back to Spain when I was traveling at the end, but I got scared about what would happen at the document check desk once I found out about it, so I ended up getting another ticket with EasyJet, and that was fine.

So obviously there are no guarantees, and I don’t know anything about new laws that might crack down on overstaying Americans, but my experience went perfectly smoothly. Good luck!

—Maria